Agreement on public procurement : key concepts. E. Kalashev, Regional Trade Liberalization and Customs Reform Project, expert on WTO issues. April 21-24 , 2009 Issyk-Kul, Kyrgyz Republic.
E. Kalashev, Regional Trade Liberalization and Customs Reform Project, expert on WTO issues
April 21-24, 2009
Issyk-Kul, Kyrgyz Republic
An Agreement with a limited number of participants (40 after it was joined by Taiwan, including all EU countries)
UNCITRAL Model Law (1994)
Identifies a transparent and predictable regime in public
Allows for discrimination among the participant countries
Specifies the categories of contracts, their types and applicability
of provisions of the Agreement to certain organizations.
The Agreement focuses on legal aspects of the public procurement system functioning, in particular:
●The key method – unlimited bidding
●Also includes selective bidding (i.e. two-stage and requests for quotations)
●Bidding with limited participation
● An important role is assigned to e-procurement (reverse electronic auctions)
Negotiations process and thresholds to be covered by the Agreement and lists of organizations covered
● The provisions of the Agreement are applicable only to those contracts with the cost equal and exceeding the so-called thresholds (see handouts);
● Besides, the Agreement covers only those contracting organizations, which are included in a relevant Attachment by the acceding government;
●The Agreement member countries specify their commitments in relevant Annexes (there are five of them)/
- Compensation is envisaged only under this Agreement
Developing countries – specific provisions, including offsets
- Envisage privileges for developing countries
New version of the Agreement (2006, not adopted yet)
- Key innovations – expanded use of information technology, usage of e-auctions.
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